If no murder has yet occurred, they can both be charged with Conspiracy to Commit Murder. If the murder has occurred they can both be charged with Murder.
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
New York accomplice liability theory follows an acting in concert theory of liability. which is found in Penal Law Section 20, pasted below. Under this theory, they both would face the same potential punishment but there can be a variety of reasons why they receive different punishments in the end.
"When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct."
Just giving the money for that purpose creates the conspiracy. After the murder, as stated above they would be charged with murder. As to punishment it would all depend on the trial or plea, but the same charge.
For conspiracy to occur, there has to be plans made and an overt act. The punishment depends on which statute is charged to the defendants (which the Assistant District Attorney is completely in control of). The punishment depends on what class felony or misdemeanor the defendants are charged with.
This is considered to be a murder for hire scheme or contract killing. Each person is likely to charged with Murder in the First Degree. [See: Penal Law § 125.27 [1] [a] [vi]),] The possible sentences are life imprisonment without parole or an indeterminate Sentence having a maximum term of life and a minimum term of not less than 20 years nor more than 25 years. Penal Law 60.06 and 70.00(3)(a)(i); CPL 400.27. The forgoing assumes the contract was carried out.
They can potentially be charged with both murder and conspiracy to commit murder. Generally speaking, unlike the inchoate offenses, conspiracy does not merge with the completed crime. That being said, New York may have modified this traditional rule through statute or case law. Consult an attorney licensed in New York.